Legal

Legal notices and Contract

These terms and conditions apply to your use of this website and the Terms of Business apply if you book a service with us. Please read them carefully. In using this website you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the website.

General:

The information provided by Smith&Smith® as specified in this website, including the internet presentation, is provided on the following terms and conditions of use:

Definitions:

In these terms and conditions "Smith&Smith®", "we" and "our" means Carglass (NZ) Limited (registration number:434172), whose registered office is 1 Rockridge Avenue, Penrose, Auckland, 1061, New Zealand.

Website Content and Access:

Whilst we use reasonable endeavours to keep the content of the website up-to-date and accurate, Smith&Smith® does not warrant that the information on this website is accurate, adequate, complete, up-to-date or free from errors or omissions. In particular, Smith&Smith® does not warrant any results or valuations which may be generated using the information provided on this website nor do we accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website.

Smith&Smith® is entitled to change, modify, substitute or remove without notice any information on the website from time to time.

Smith&Smith® may suspend, restrict, or terminate access to this website at any time without notice. All disclaimers, indemnities or exclusions in these terms and conditions shall survive any such suspension, restriction or termination.

Specific Warnings:

We do not guarantee that the website will be fault free and we do not give any warranty that the website is free from viruses or anything else which may have a harmful effect on any technology.

You are responsible for ensuring that the process which you employ for accessing this website or downloading information from the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for interference or damage to your own computer system which arises in connection with your use of, access to, or downloading of data from, this website or any linked website.

Call Recording:

As part of our quality control procedures and to help us improve the service we give all our customers, when you speak with a Smith&Smith® Customer Service Representative by telephone, we may record your call.

Deposits:

Where we ask you to pay a deposit, this is to secure your appointment and any pre-ordering of glass that we arrange for you. If you later cancel your appointment and a deposit has been paid, the deposit is non-refundable once we have ordered the glass (unless we are at fault). You may choose to reschedule your appointment for the same vehicle within 12 months without losing your deposit.

Intellectual Property:

Belron® is a registered trade mark of Belron S.A. and its affiliated companies and are licensed in New Zealand to Carglass (NZ) Ltd t/a Smith&Smith®.

Glass Medic®, Glass Medic® and Device, 1-Tek® and HPX3® are registered trade marks of Belron Hungary Kft Zug Branch.

Smith&Smith® and are registered trade marks or trade marks of Carglass (NZ) Limited t/a Smith&Smith®.

The copyright in the material contained in the website, together with the website design, text and graphics, and their selection and arrangement and all software compilations and underlying source code belongs to Smith&Smith®, its subsidiaries or associated companies, licensors or providers of such information. All rights are reserved. None of this material (including the trade marks) may be used, downloaded, copied, sold, leased, modified or otherwise exploited, reproduced or redistributed without our written permission. You may, however, download or print a single copy for your own personal use, to enable off-line viewing. It is not permitted to create a link to this website without our prior written consent.

Linked Websites:

This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

Use of linked websites is entirely at your own risk. We are not responsible for the content or privacy practices associated with linked websites.

Our links with the linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites.

Any liability we may have for any losses or claims arising from an inability to access the website, or from any use of the website or reliance on the data transmitted using the website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any loss of profit, revenues, goodwill, opportunity, business, anticipated savings or other indirect loss of any kind in contract, tort (including negligence) or otherwise arising out of use of the website, save where such liability cannot be excluded by law.

Data Protection:

We consider that the protection of all personal information we process is an important responsibility. Please see our separate Privacy Policy for details

Security of Information:

We implement data security safeguards based upon generally accepted industry standards to protect personal information from unauthorised access, use, disclosure, alteration, or loss.

Nonetheless, no data security techniques are 100% effective and where information is transmitted over the Internet, there is always some element of risk involved in sending personal information. We cannot therefore guarantee the security of personal information.

Severability:

If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision will be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

Amendments to Terms and Conditions:

We may amend these terms and conditions at any time by publishing the amended terms and conditions on the website.

Governing Law:

These website terms and conditions shall be governed by and construed in accordance with the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the New Zealand courts, to which both parties submit.

Terms of Business

Vehicle glass repair and replacement services

1.You are dealing with Carglass (NZ) Limited, trading as Smith&Smith®. In these terms of business, references to “we” or “Smith&Smith®” or “our” means Carglass (NZ) Limited. By asking us to carry out vehicle glass repair and replacement work on your vehicle you agree that our work shall be governed by the following terms.

2.If our work is the subject of a claim on an insurance policy and you (the person making the booking with us) are not the policyholder for the relevant vehicle, you confirm that your dealings with us are made with the authority of the policyholder.

3.Where available to us, we check the latest information submitted to us by insurers to confirm that our work may be paid for under your insurance policy. Where practicable, we will contact your insurer directly to verify the nature and scope of your insurance cover.

4.In the course of repair, glass may crack beyond repair through no fault of our technician. You acknowledge that risk, after all your windscreen glass is under pressure. If that happens, we will ask if you would like us to replace the glass, which will be at your cost. If you wish to proceed with replacement, we will provide you with an estimate of the costs and deduct the cost of the repair you have paid from our replacement costs.

5.Assignment: If you choose to pay us for your service through insurance, you agree that, from the time we begin work on your vehicle, (i) you have assigned to us your right to collect the claim proceeds, and (ii) you shall take any steps necessary or reasonably required, including signing any further document, to prove or otherwise give all practical or legal effect to such assignment.

6.The visibility of a repair to glass depends on the nature of the damage at the time of repair. (For example, the amount of dirt within the chip can make the repair more visible). A repair will always be an improvement from the original chip as it will stop the chip turning into a crack. However, there may be a blemish or visual impurity (sometimes called the ‘dried raindrop effect’) that will not materially affect the drivers vision. This is normal and not the result of a defective repair job. In this case, if you are not happy with the look of our repair, we can replace your windscreen if you pay for a replacement screen, but you are not entitled to a refund.

7.A diagrammatic record of obvious visible damage existing on your vehicle will normally be made by our technician before starting work on your vehicle. We exclude all liability for repair of damage, whether visible or not, existing before we began to work on your vehicle.

8.We acknowledge our obligations under the Consumer Guarantees Act. If we damage your vehicle, we can arrange its repair at no cost to you. If you organise a repair yourself, without our prior written approval, we do not guarantee to pay all of the costs you incur. We may ask you to provide us with reasonable evidence of the damage caused by us, including requesting two written estimates prepared by independent repairers in advance of commencement of the work and without this you acknowledge that we may not be responsible. We also reserve our right to require additional estimates where for any reason we believe the estimated costs are not reasonable.

9.Key limitations to our work:

(1) We are unable to install a replacement windscreen on corroded metal. If we find your vehicle to be corroded (i.e. rusted) we will stop work. The corroded metal must be repaired at your expense before we can continue the repair.

(2) Certain vehicles now have Advanced Driver Assistance Systems (ADAS) cameras mounted on their windscreen. Vehicle manufacturers specify that certain of those ADAS cameras require recalibration following replacement of the vehicle’s windscreen. We will recalibrate the vehicle’s camera ourselves where we can, otherwise we will refer you to a third party. All recalibrations involve an additional charge.

10.Where recalibration is recommended for your vehicle’s ADAS camera, before making your booking with us, we will normally advise you of the cost and ask whether you would like us to recalibrate your ADAS camera. Some vehicles are only identifiable as ADAS vehicles by inspection, if this is the case we will advise you when you bring the vehicle to us. We may drive your vehicle if a dynamic vehicle recalibration is required. You acknowledge this will add additional KM to your vehicle.

11.Our liability to you is limited to what the Consumer Guarantees Act requires of us, after taking account of your legal duty to minimise the loss.

12.Where payment for our work on your vehicle will be made using a trade or company account, our trade/company terms will apply to our work in priority to the terms written above.

13.You agree that our privacy policy and policy on cookies as it or they appear from time to time on our website shall govern the handling of your personal information that we receive from you, your insurer or other third party (such as a broker).

Conditions applying to all Quotes

14.Valid for 30 days from the date of the quote.

15.Payment is due on or before completion of the job.

16.Quote is based upon currently identified products, should these change, the quote may also change. All pricing is in NZD.

17.If rust is found it must be repaired at the customer’s expense before work commences.

18.Vehicle to be picked up within 48 hours or storage fees of $100 per day may apply at our discretion.

19.Moulds, recalibration and fees for other ancillary services are not included unless specifically itemised on quote.

20.If the vehicle in which the glass is being repaired or replaced is used for the purposes of a business; or if you purchase the goods for business purposes, you agree that the Consumer Guarantee Act does not apply to the purchase of goods and services by you. We will perform our service to the best of our ability at a time and location to be agreed between us.

21.We may vary our appointment time with you for any reason (acting reasonably). If we do this, we will do our best to notify you in advance of any change and suggest an alternative that is convenient for you. If it is not convenient to you, you are entitled to a refund.

22.Where we ask you to pay a deposit, this is to secure your appointment and any pre-ordering of glass that we arrange for you. If you later cancel your appointment and a deposit has been paid, the deposit is non-refundable once we have ordered the glass (unless we are at fault). You may choose to reschedule your appointment for the same vehicle within 12 months without losing your deposit.

23.If the appointment is cancelled and no glass was specifically ordered, all funds will be refunded to the original card where payment was made.

24.If a refund is agreed and payment was made via Eftpos or Credit Card, the funds will be refunded to the original card where payment was made. This may take 5 – 10 days to be processed.

25.If we hand back your vehicle to an agreed location, it is at your risk after we have deposited the car where requested.

26.Payment is due on or before completion of the job and there are no credit terms available unless you are a business and have signed our credit terms. We accept cash and all major credit cards (excluding Amex and Q Card). If you have been unable to provide payment at the time of the booking, then we can take this the day before your booking when we call to confirm.

27.If you are claiming through your insurer, should they advise that your policy information is not correct or that you have excess payable, we will contact you and send you an invoice which requires payment within 7 days.

28.We are entitled to keep your vehicle until you have paid for services provided.

Cookie use policy

What do we use cookies for?

We use a few temporary cookies in order to remember you as you use our website, but we also allow third parties (particularly Google) to use analytical cookies (both temporary and permanent) on our websites to compile aggregate information about the areas of our website that are visited most frequently and to track our own advertising.

This information is used to enhance the content of our website and make your use of the website easier and to inform us of the success of our own advertising elsewhere on the internet. We regard these cookies as minimally intrusive in terms of privacy. We do not allow other third party cookies which track your browsing habits in order to allow targeted marketing (or “online behavioural advertising”) to be used on our website.

Cookies and your privacy

Most web browser settings are set for you to accept both our own cookies and third party cookies. However, you are able to adjust those settings (in relation to both our own cookies and those of third parties) to accept the cookies, to prompt you to accept or refuse a cookie each time one is sent, or to reject all cookies outright.

We recommend that, for the highest functionality of the website, you accept both our own cookies and third party cookies. Browser settings can be changed in your tool bar. If you wish to opt out of the Google Analytics cookies (Google DoubleClick) you can visit this Google website page (https://tools.google.com/dlpage/gaoptout) and download the Google Analytics Opt-out Browser Add On.

If you wish to reject our own cookies, you can configure your browser to do so, but please be aware that if you do, certain functionality of the website may not be available and your use of the website may therefore be diminished.

Social buttons

In order to implement the Social Media Buttons including Twitter, Facebook and YouTube, and connect them to the relevant social networks and external sites, there are scripts from domains outside our control. You should be aware that these sites are likely to be collecting information about what you are doing all around the internet, including on our site.

If you click on any of these buttons, these sites will be registering that action and may use that information. You should check the respective policies of each of these sites to see how exactly they use your information and to find out how to opt out of, or delete, such information.

Accessibility

Web accessibility is about inclusion — making sure everyone, including people with disabilities and those using assistive technologies, can access online information and services. At Smith&Smith®, we are committed to complying with Web Content Accessibility Guidelines (WCAG) 2.1, the international standard for web accessibility.